An v Bupa Care Services (New Zealand) Limited

[2017] NZSC 52

NOTE: PURSUANT TO S 80 OF THE PROTECTION OF PERSONAL AND PROPERTY RIGHTS ACT 1988, ANY REPORT OF THIS PROCEEDING MUST COMPLY WITH SS 11B TO 11D OF THE FAMILY COURT ACT 1980.  FOR FURTHER INFORMATION, PLEASE SEE

IN THE SUPREME COURT OF NEW ZEALAND

SC 24/2017
[2017] NZSC 52

BETWEEN	AN (SC 24/2017) Applicant
AND	BUPA CARE SERVICES (NEW ZEALAND) LIMITED Respondent

Court:	Elias CJ, OʼRegan and Ellen France JJ
Counsel:	Applicant in person P W Le Cren and C E J Deans for Respondent
Judgment:	1 May 2017

JUDGMENT OF THE COURT

The application for recall is dismissed.

____________________________________________________________________

REASONS

1. The applicant seeks a recall of the judgment of this Court delivered on 12 April this year[1] dismissing her application for leave to appeal against a judgment of Downs J rejecting an application for a writ of habeas corpus.[2] 

   [1]AN (SC 24/2017) v Bupa Care Services (New Zealand) Ltd [2017] NZSC 49.

   [2]N v Bupa Care Services (New Zealand) Ltd [2017] NZHC 499.

2. The applicant’s submissions in support of the application take issue with the conclusions expressed in the judgment dismissing the application for leave to appeal.  It is inappropriate to engage with such arguments in the absence of anything to suggest a basis for recall beyond the applicant’s disagreement with the result. 

3. Nothing raised by the applicant meets the threshold for a direct appeal from the High Court to this Court.  Nor, for the reasons given in the earlier judgment, are the criteria for leave in s 74 of the Senior Courts Act 2016 met.  The application for recall of the earlier judgment is accordingly dismissed.

Solicitors:
Claro, Christchurch for Respondent